Card Range To Study

34 Cards in this Set

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10th Amendment

Powers Reserved to the states: "Powers not delegated to the United States(Federal government) by the Constition, nor prohibited by it to the States, are reserved to the States respectivily, or to the people"

16th Amendment

Grants federal government ability to tax income

17th Amendment

Direct election of senators

9th Amendment

Powers reserved to the people (nonenumerated rights)

bill of attainder

A law declaring an act illegal without a judicial trial

block grant

Broad grant with few strings attached; gived to states by the federal government for specified activities, such as secondary education or health services

categorical grant

Grant for which Congress appropriates funds for a specific purpose

commerce clause

Constitution gives congress the ability to regulate commerce, they tie many bills into commerce in hopes of being able to pass them constitutionally

concurrent powers

Authority possessed by both the state and national governments that may be exercised concurrently as long as that power is not exclusively within the scope of national power or in conflict with national law

Contract With America

Campaign pledge signed by most Republican candidates in 1994 to guide their legislative agenda. It was proposed by the House Minority Whip Newt Gingrich, and it proposed the candidates to force a national debate on the role of the national government in regard to the states. A top priority was devolution revolution.

cooperative federalism

The relationship between the national and state governments that began with the New Deal. Before the Depression, the federal system was described as a layer cake because each level of government had clearly defined powers. After the New Deal, however, the nature of the federal system changed into a marble cake. A stronger and more influential national government was created in response to economic and social crises. States began to take a secondary status.

creative federalism

By the early 1960s, concerns about the poor and minorities rose. States were blamed for perpetuating discrimination, and those in power saw grants as a way to force states to behave in ways desired by the government. In 1964, Lyndon B. Johnson launched his "Great Society" program, which was in essence a war on poverty and discrimination. Federal funds were channeled to states, to local governments, and to citizen action groups to alleviate social ills. The new grants altered the fragile federal-state balance of power, and the national government began to use federal grants to further what the officials perceived to be national needs.

Defense of Marriage Act

Congress passed the Defense of Marriage Act in 1996 when it seemed as though Hawaii would legalize same-sex marriages. This act allowed states to disregard gay marriages even if they were legal in other states. Vermont legalized same-sex marriages in 2000, and the constitutionality of this act has not been challenged in the federal courts.

denied powers

Article I of the Constitution denies powers to the national and state governments. States are not allowed to enter into treaties, coin money, or impaire obligation of contracts. States also can not enter into compacts with other states without national approval. Congress can not favor one state over another in regulating commerce, and it can't lay duties on items exported from a state. Both governments are denied the power to take arbitrary actions affecting constitutional rights and liberties. Both governments are not allowed to pass a bill of attainder or an ex post facto law.

devolution revolution

By 1994, many state governors and the Republican party rebelled openly against the growth of the national party; they wished to return the power to the states. The Republicans were outraged at the New Deal and the Great Society program, and they did not agree with preemption. A top priority of the Contract with America was devolution revolution, which is scaling back the federal government. A large part of this power return came from the end of unfunded mandates. As categorical grants declined, the national government continued to exercise a large role in state policy priorities through mandates.

dual federalism

The belief that having separate and equally powerful levels of government is the best arrangement.

Gibbons v. Ogden (1824)

The Court upheld broad congressional power over interstate commerace.

Great Society

Legislation during Lyndon Johnson's administration intended to mitiagate social welfare problems such as poverty and inadequate medical care for the elderly and needy and to provide education for disadvantaged children.

impied power

A power derived from an enumerated power and the necessary and proper clause. These powers are not stated specifically but are considered to be reasonably implied through the exercise of delegated powers.

intergovernmental lobby

pressure caused by pressure from state/local governments and lobbyists versus the national government

interstate compacts

contracts between states which are legally upheld

layer cake federalism

clearly defined boundaries between layers of government

mandates

command - through votes and constituents opinions - to carry out platforms

marble cake federalism

more of a blend of different activities and transportation), cooperative federalism

McCulloch v. Maryland (1819)

A case in which the Supreme Court upheld the power of the national government and denied the right of a state to tax the bank by use of the necessary and proper clause that would pave the way for future rulings upholding federal powers.

necessary and proper clause (elastic)

The final paragraph of article I, section 8, of the U.S. Constitution, which gives Congress the authority to pass all laws "necessary and proper" to carry out the enumerated powers specified in the Constitution.

new federalism

The attempts by President Ronald Reagan to return power to the states, also entitled the "Reagan Revolution". While many argued that grants-in-aid were an effective way to raise the level of services provided to the poor, Reagan attacked them as imposing national priorities on the states. Reagan proposed massive cuts in federal domestic programs and drastic income tax cuts, significantly altering the relationships among federal, state, and local governments.

police powers [reserve powers]

Powers in the Constitution reserved exclusivly for the president.

preemption

A concept derived from the Constitutions supremacy clause that allows the national government to override state or local actions in certain areas.

privileges and immunities clause

prevents a state from discriminating against non-residents. But it only operates with respect to rights that are fundamental to national unity.

Reagan Revolution

Ronald Reagan was elected on a pledge to return power to the states. Federal aid to state and local governments declined for the first time in decades. The Reagan administration preferred to give block grants to states for specified activities. Block grants designated a broad area of responsibility such as education and left most decisions and implementation up to the states thus reversing the trend, during the era of creative federalism, of federal mandates. Declining funds and changing rulescoupled with intense competition for federal moneyled state and local governments, as well as school systems, cities, police departments, and so on, to hire lobbyists to advance their interests. This became known as the intergovernmental lobby.

sovereign immunity

The right of a state to be free from lawsuit unless it gives permission to the suit. Under the Eleventh Amendment, all states are considered sovereign.

supremacy clause

Portion of Article VI of the U.S. Constitution that mandates that national law is supreme to (that is, supercedes) all other laws passed by the states or by any other subdivision of government.

unfunded mandates

An Unfunded Mandate is a requirement imposed by Congress on state or local governments with no funding to pay for it.